Media and Public

Health Law
 Law of Defamation
• Defamation
– Exposes an individual or an organization to
hatred or contempt.
– Lowers an individual in the esteem of others.
– Causes an individual to be shunned.
– Injures an individual in business.
• Slander is spoken.
• Libel is published.
 Copyright
• Copyright is the right of a writer, etc., to own,
control, and profit from the reproduction of his
work.
• Work created by employees of the U.S.
government are considered “work of the U.S.
government,” and copyright protection is not
available.
 Right To Know Versus
Need To Know
• Releasing information from the government
means weighing the public’s right to know
against the need for national security and
individual privacy.
 Right To Know Versus
Need To Know
CDC principles of communication
CDC will make available timely and accurate information
so public, Congress, and the media can access and
understand health information and CDC programs.
Specific principles include:
• Final reports, information, and recommendations will be
fully and readily available.
• Communication will be open, honest, accurate, and
based on sound science.
 Right To Know Versus
Need To Know
CDC principles of communication
• Information will not be withheld to protect CDC or
Government from criticism or embarrassment.
• Information will be released according to FOIA.
• Prevention messages will be based on scientific data
and behavioral and communication research.
• Targeted health messages will be sensitive to language
and cultural differences and community norms.
 FOIA
• All records that are in a federal agency’s
possession that are not already in the public
domain are subject to FOIA.
• No FOIA forms are required.
• FOIA has nine exemptions.
• “Classified to be kept secret in the interest of
national defense or foreign policy.”
• “Personnel and medical records.”
 Privacy Act
• Do not disclose facts about an individual without
permission. However, newsworthiness can be a
defense if the media prints embarrassing private
information.
• Meant to prevent the government from releasing
personal data about employees and others.
 Privacy Act
• In most instances, you may not release the
following:
– Age or date of birth
– Marital status and dependents
– Race
– Sex
– Legal proceedings
• The act usually protects medical records and pay
records.
 Public Health Agencies
• Authority at the state and local levels is exercised
by boards of health and public health agencies.
• All 50 states, D.C., and territories have a health
agency, which is directed by a health
commissioner or a secretary of health.
• There are about 2,900 local health departments in
the U.S., either centralized at the state level or
autonomous units that receive consultation from
the state.
 Public Health Laws
• Must balance between the social needs of the
community and the liberty of the individual.
Traditionally, courts have been hesitant to
invalidate public health laws.
• Example: 1905 case of Jacobson v.
Massachusetts.
 Taking of Private Property
• Many public health laws prohibit or ban the
possession of hazardous materials. The fifth
amendment requires the government to
compensate persons whose private property
rights are affected by public health law.
 Privacy Rights
• Some say immunization requirements,
compulsory HIV testing, and seat-belt laws
infringe on individual rights and violate the “right
to privacy.”
• The right to privacy has been limited to intimate
areas of life.
 Responsibility

Statutes authorize public health officials to protect

and enhance the public’s health and safety. Some
are mandatory, and others are discretionary.
Examples:
Mandatory Discretionary
• Maintain vital records. • Create a waste
• Regulate air pollution. disposal site.
• Hold open or public • Inspect social
meetings. services.
 Liability
• Liability laws covering state and local health
departments and employees vary considerably
across the country.
• Individual health officers have “qualified
immunity” from liability—a suit against an
individual in his official capacity means the
plaintiff is seeking recovery from the
governmental entity.
 Liability
• Generally, when you perform your public health
duties in good faith and in a reasonable fashion,
you are not personally liable for damages that
may result from your acts.
 Interstate Quarantine
The CDC director may take measures to prevent
the spread of disease.
– Can restrict travel.
– Limit access to public transportation.
– Separate provisions for military.
 Foreign Quarantine
• Ship and aircraft personnel must report ill
persons and onboard deaths.
• The CDC director may require detention.
 All Quarantine
• The CDC director may require isolation and
surveillance.